How much will it cost to file my case?

When you file a court case, you must usually pay a “filing fee.” There may be other court fees depending on your case. For example, you may need to pay for copies or pay to have the other side served with court papers.

Court fees vary by county. Contact the district clerk’s office in the county where you plan to file your court papers to learn the fees for your case.

How do I ask the judge to waive my court fees?

This form tells the judge you cannot afford to pay the court fees. Fill it out completely in blue or black ink and sign it. Do NOT leave blanks.

You must include complete and accurate information about:

any government benefits you get because you are poor;

your household income after taxes;

the people who depend on you for financial support; and

your expenses.

Attachments: If you get government benefits because you are poor, attach proof (such as a copy of an eligibility form or check) to your Statement.

If you want the judge to consider other facts, such as unusual medical expenses or family emergencies, attach a separate page with that information. Write “Exhibit: Additional Supporting Facts” at the top of the page.

Your Address: This form asks for your address. The other side may get a copy of this form. If you are worried about the other side knowing your address, call the Family Violence Legal Line at 1-800-374-4673 for free advice.

Warning! When you sign this form you are stating under penalty of perjury that the information in the form is true and correct. This means that it is a crime to lie on this form.

Turn in your completed Statement at the clerk’s office when you file your other court forms.

What happens after I turn in my Statement of Inability to Afford Payment of Court Costs?

The clerk will review your Statement. The clerk may use the Federal Poverty Guidelines as a guide. If the clerk does not think you qualify for a fee waiver, the clerk will file a “contest” to ask a judge to decide. The other side could also file a contest.

If the clerk files a contest will I have to wait to file my case?

What happens if a contest is filed?

If your Statement is contested, you must return to the courthouse for a hearing. You must bring proof of your income (such as a copy of your paystub) and proof of your expenses to the hearing. You must also bring proof of any government benefits you get.

At the hearing, a judge will review your evidence and listen to your testimony. The judge will then decide if you can afford to pay the court fees.